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"Deportation Unit" SCRAPES Invaders Off The Sidewalk Status: Not Logged In; Sign In Watching The Cops See other Watching The Cops Articles Title: Veteran can't sue for false arrest Source: Short Circuit URL Source: [None] Published: Jun 4, 2018 Author: John Ross Post Date: 2018-06-04 17:37:08 by tpaine Keywords: None Views: 2169 Comments: 12 Army veteran suffering from PTSD tells VA therapist he thought about shooting Louisville, Ky. police officer (who cited him for minor traffic violation) but that he did not intend to do it. A VA staff member informs the police (without the therapist's say-so). The (Louisville, Ky) officer gets the veteran charged with making terroristic threats, neglects to mention therapist's belief that veteran was not a risk. The veteran spends 10 days in jail before charges dismissed. Sixth Circuit Decision: The officer had a warrant, so the veteran can't sue for false arrest (though he might have been more successful had he raised different claims). Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 9. #3. To: tpaine (#0) Army veteran suffering from PTSD tells VA therapist he thought about shooting Louisville, Ky. police officer (who cited him for minor traffic violation) but that he did not intend to do it. A VA staff member informs the police (without the therapist's say-so). http://www.lrc.ky.gov/statutes/statute.aspx?id=44466 KRS 202A.400 Duty of mental health professional to warn intended victim of patient's threat of violence. (1) No monetary liability and no cause of action shall arise against any mental health professional for failing to predict, warn of or take precautions to provide protection from a patient's violent behavior, unless the patient has communicated to the mental health professional an actual threat of physical violence against a clearly identified or reasonably identifiable victim, or unless the patient has communicated to the mental health professional an actual threat of some specific violent act. (2) The duty to warn of or to take reasonable precautions to provide protection from violent behavior arises only under the limited circumstances specified in subsection (1) of this section. The duty to warn a clearly or reasonably identifiable victim shall be discharged by the mental health professional if reasonable efforts are made to communicate the threat to the victim, and to notify the police department closest to the patient's and the victim's residence of the threat of violence. When the patient has communicated to the mental health professional an actual threat of some specific violent act and no particular victim is identifiable, the duty to warn has been discharged if reasonable efforts are made to communicate the threat to law enforcement authorities. The duty to take reasonable precaution to provide protection from violent behavior shall be satisfied if reasonable efforts are made to seek civil commitment of the patient under this chapter. (3) No monetary liability and no cause of action shall arise against any mental health professional for confidences disclosed to third parties in an effort to discharge a duty arising under subsection (1) of this section according to the provisions of subsection (2) of this section. (4) For purposes of this section: (a) "Mental health professional" means: 1. A physician licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in conducting mental health services; 2. A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States engaged in conducting mental health services; 3. A psychologist, a psychological practitioner, a certified psychologist, or a psychological associate, licensed under the provisions of KRS Chapter 319; 4. A registered nurse licensed under the provisions of KRS Chapter 314 engaged in providing mental health services; 5. A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS 335.080 engaged in providing mental health services; 6. A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 engaged in providing mental health services; 7. A professional counselor credentialed under the provisions of KRS Chapter 335.500 to 335.599 engaged in providing mental health services; 8. An art therapist certified under KRS 309.130 engaged in providing mental health services; or 9. A pastoral counselor licensed under the provisions of KRS 335.600 to 335.699 engaged in providing mental health services; and (b) "Patient" has the same meaning as in KRS 202A.011, except that it also includes a person currently under the outpatient care or treatment of a mental health professional. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 61, sec. 1, effective June 24, 2015. -- Amended 2014 Ky. Acts ch. 64, sec. 1, effective July 15, 2014. -- Amended 2002 Ky. Acts ch. 99, sec. 3, effective March 28, 2002. -- Created 1986 Ky. Acts ch. 348, sec. 1, effective July 15, 1986. nolu chan  posted on  2018-06-04   20:00:32 ET  Reply   Untrace   Trace   Private Reply   #5. To: nolu chan, Y'ALL (#3) When the patient has communicated to the mental health professional an actual threat of some specific violent act and no particular victim is identifiable, the duty to warn has been discharged if reasonable efforts are made to communicate the threat to law enforcement authorities. The duty to take reasonable precaution to provide protection from violent behavior shall be satisfied if reasonable efforts are made to seek civil commitment of the patient under this chapter. You forgot to emphasize the above part of this dangerous law, which in effect permits so-called mental health professionals and law enforcement authorities to jail/commit practically anyone that is stupid enough to admit 'bad thoughts'... tpaine  posted on  2018-06-04   21:44:51 ET  Reply   Untrace   Trace   Private Reply   #7. To: tpaine (#5) When the patient has communicated to the mental health professional an actual threat of some specific violent act and no particular victim is identifiable, the duty to warn has been discharged if reasonable efforts are made to communicate the threat to law enforcement authorities. The duty to take reasonable precaution to provide protection from violent behavior shall be satisfied if reasonable efforts are made to seek civil commitment of the patient under this chapter. You forgot to emphasize the above part of this dangerous law, which in effect permits so-called mental health professionals and law enforcement authorities to jail/commit practically anyone that is stupid enough to admit 'bad thoughts'... There you go again, wanting to emphasize something irrelevant to the case at hand. The article is clear that the threatened individual was identifiable. nolu chan  posted on  2018-06-05   0:32:31 ET  Reply   Untrace   Trace   Private Reply   #9. To: nolu chan (#7) You forgot to emphasize the above part of this dangerous law, which in effect permits so-called mental health professionals and law enforcement authorities to jail/commit practically anyone that is stupid enough to admit 'bad thoughts'... tpaine There you go again, wanting to emphasize something irrelevant to the case at hand. The article is clear that the threatened individual was identifiable. So what? You're making another juvenile distinction that is in reality a distraction, attempting to cloak your acceptance of this dangerous infringement on our right to have privileged communications with doctors, etc.. tpaine  posted on  2018-06-05   1:23:25 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 9. #10. To: tpaine (#9) You're making another juvenile distinction that is in reality a distraction, attempting to cloak your acceptance of this dangerous infringement on our right to have privileged communications with doctors, etc.. You quoted an email and I just presented the relevant law without comment. You are the one flapping your gums about it. Unfortunately, you do not know what a privileged communication is. I did not defend any "acceptance of this dangerous infringement on our right to have privileged communications with doctors." The law speaks for itself. Communicating a desire or intent to shoot a cop is not a privileged communication. A communication which is subject to a reporting law such as Duty to Warn is not a privileged commuunication. The privilege itself is not conferred by God, but by law. If the law specifies an exception, the excepted matter is not privileged. http://www.ncsl.org/research/health/mental-health-professionals-duty-to-warn.aspx Mental Health Professionals’ Duty to Warn 9/28/2015 Most states have laws that either require or permit mental health professionals to disclose information about patients who may become violent. [...] Under ethical standards tracing back to the Roman Hippocratic Oath, doctors and mental health professionals usually must maintain the confidentiality of information disclosed to them by patients in the course of the doctor-patient relationship. With some exceptions codified in state and federal law, health professionals can be legally liable for breaching confidentiality. One exception springs from an effort to protect potential victims from a patient’s violent behavior. California courts imposed a legal duty on psychotherapists to warn third parties of patients’ threats to their safety in 1976 in Tarasoff v. The Regents of the University of California. This case triggered passage of “duty to warn” or “duty to protect” laws in almost every state as summarized in the map and, in more detail, in the chart below. https://www.nolo.com/legal-encyclopedia/the-crime-fraud-exception-the-attorney-client-privilege.html Most states allow—or require—attorneys to disclose information learned from a client that will prevent death or serious injury. Many have a similar rule where revealing otherwise confidential information would prevent or remedy financial injury due to a crime or fraud. nolu chan  posted on  2018-06-05 13:21:54 ET  Reply   Untrace   Trace   Private Reply   End Trace Mode for Comment # 9. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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